Title
Adoption of Resolution Relative to Workers’ Compensation Benefits for Registered Disaster Service Worker Volunteers. (City Manager 2110)
Body
To: Honorable Mayor and Members of the City Council
From: Jill Keimach, City Manager
Re: Adoption of a Resolution Regarding Workers’ Compensation Benefits for Registered Disaster Service Workers Volunteers
BACKGROUND
This Resolution establishes that the City Council of the City of Alameda intends to follow the rules and regulations established by the California Office of Emergency Services (also known as the “California Emergency Management Agency”), pursuant to the provisions of Section 8585.5 of the California Government Code, which will provide state workers’ compensation insurance coverage to registered volunteer “disaster service workers.”
The State of California has established a Disaster Service Worker Volunteer Program (“DSWVP”). The purpose of this Program is to provide workers’ compensation insurance coverage in the event a registered volunteer disaster service worker is injured while performing assigned disaster duties. This provides increased liability protection for the local jurisdiction.
Unless the local jurisdiction agrees to follow rules and regulations established by the Office of Emergency Services regarding registered volunteer disaster service workers, the use of volunteers during an emergency could expose the local jurisdiction to increased liability. A local jurisdiction, which agrees to and substantially follows the rules and regulations established, will be certified by the state as an “accredited disaster council” organization eligible to have its volunteer disaster services workers covered by state workers’ compensation insurance. The Resolution of the City of Alameda is required to qualify the City for accreditation.
In 1947, the City of Alameda established the City of Alameda Disaster Council and approved Resolution No. 3470 relative to workers’ compensation benefits for registered Disaster Service Worker volunteers. The Disaster Council was formally adopted through Ordinance No. 1029 in 1951. The Alameda Disaster Council Ordinance was updated through Ordinance No. 1676 in 1972, replacing Ordinance No. 1029.
In spring 2011, staff reviewed all existing Boards, Commissions, Committees, and other advisory bodies in an attempt to identify opportunities to improve governance efficiencies.
As part of that analysis, ten advisory bodies were identified in the Alameda Municipal Code, one of which was the Alameda Disaster Council. In the review of the City Charter and Alameda Municipal Code, it was assumed that the Alameda Disaster Council had been replaced by the City’s Emergency Management Plan. Although the Disaster Council is identified in the City Emergency Management Plan, it does not replace the need for having an ordinance recognizing a Disaster Council as required by the State of California.
On April 6, 2011, the City Council approved the amendment of Article II of the Alameda Municipal Code and approved Ordinance No. 3029 to revise the composition of City Boards, Commissions, Committees and other advisory bodies. This action eliminated the Alameda Disaster Council and subsequently voided Resolution No. 3470 which provided for workers’ compensation benefits.
The repeal of the Alameda Disaster Council during this action was an inadvertent mistake which eliminated the City’s ability to swear in citizen volunteers as California Disaster Service Workers and to be legally recognized by the State of California as an official emergency organization.
DISCUSSION
Having an accredited disaster council and an adopted resolution relative to workers’ compensation benefits for registered Disaster Service Worker volunteers is mandated by the State of California to be approved to swear in volunteer Disaster Service Workers.
During conditions of disaster or other extreme peril, spontaneous volunteers, citizen volunteers impressed into service, and volunteers that are already affiliated with the city, will be sworn in as disaster service workers.
Once sworn in by the City, a volunteer Disaster Service Worker is eligible to receive workers’ compensation coverage from the State of California if they are injured while assisting the cCity in the disaster response or are being trained for such a response. Alameda Community Emergency Response Team (CERT) volunteers are an example of citizen volunteers that are affiliated with the cCity and are sworn in as Disaster Service Workers. They are identified in the City’s Emergency Management Plan as a resource to the cCity in the event of a disaster.
The Disaster Council is being reinstated under a separate ordinance. By adopting this Resolution, the City will be able to swear in volunteer Disaster Service Workers again, thus relieving the City of workers’ compensation liability of their volunteers in the event of a disaster.
FINANCIAL IMPACT
There is no financial impact from the adoption of this resolution.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
Chapter II (Administration), Article II (Boards and Commissions).
ENVIRONMENTAL REVIEW
This action is not a project for the purposes of the California Environmental Quality Act (CEQA) under CEQA Guidelines section 10561(b)(3) as there is no possibility that this action may have a significant effect on the environment.
RECOMMENDATION
Adopt a resolution regarding Workers’ Compensation benefits for registered disaster service worker volunteers.
Respectfully submitted,
Doug Long, Fire Chief
By,
Captain Sharon Oliver, Disaster Preparedness Coordinator
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibit:
1. Disaster Service Workers Resolution #3470 (previous version)